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<br />CORE/2063606.0012/233005v1
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<br />EASEMENT FOR SANITARY SEWER LINE
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<br /> THIS EASEMENT FOR SANITARY SEWER LINE (this “Agreement”) is made as of the
<br />___ day of _____, 20__ (the “Effective Date”), by and between 3350 FOX STREET, LLC, a
<br />Delaware limited liability company, as to an undivided 1/2 interest (“3350 Fox Street”), and SF
<br />REAL ESTATE LLC, a Minnesota limited liability company, as to an undivided 1/2 interest (“SF
<br />Real Estate” and collectively with 3350 Fox Street, the “Grantors”) and the CITY OF ORONO, a
<br />Minnesota municipal corporation (“City”).
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<br /> R E C I T A L S:
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<br />A. The Grantors are the fee owners of the parcel of land in Hennepin County, Minnesota,
<br />legally described as Outlot A, Fullerton Estates, Hennepin County, Minnesota, and
<br />commonly referred to as “Fox Street” (the “Grantor Tract”).
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<br />B. 3350 Fox Street and 3400 Fox Street Trust (collectively, the “Initial Beneficiaries”),
<br />constructed, at their own expense, certain sanitary sewer main and sewer line improvements
<br />within the Grantor Tract (the “Improvements”) that connect the Fox Street properties owned
<br />by 3350 Fox Street and 3400 Fox Street Trust to the City’s sewer collection system.
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<br />C. As of the Effective Date, the City wishes to accept the Improvements as City property and to
<br />assume the ongoing maintenance and repair of such Improvements.
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<br />D. To permit such ongoing maintenance and repair of the Improvements, the Grantors and the
<br />City desire to enter into this Agreement upon the terms and conditions set forth herein.
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<br /> NOW, THEREFORE, in consideration of the sum of Ten Dollars ($10.00) and other good
<br />and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the
<br />Grantors and the City agree and covenant as follows:
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<br /> 1. Grant of Sanitary Sewer Easement. Subject to the terms of this Agreement and
<br />easements and encumbrances of record, the Grantors hereby grant, bargain, sell and quitclaim to the
<br />City, without representation or warranty of any kind, a non-exclusive perpetual easement for the sole
<br />purpose of maintaining and repairing the Improvements located within the Grantor Tract, including
<br />the rights of the City, its contractors, agents, servants, and assigns, to enter upon the Grantor Tract at
<br />all reasonable times to reconstruct, inspect, repair, and maintain the Improvements, together with the
<br />right to grade, level, fill, drain and excavate the Grantor Tract and remove trees, bushes,
<br />undergrowth, and other obstructions interfering with the Improvements (the foregoing, collectively,
<br />the “Permitted Activities”). Notwithstanding anything herein to the contrary, the City agrees that (i)
<br />access to, upon, or across the Grantor Tract by Grantors and those property owners benefiting from
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